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PP v. Arambulo 186597.docx Uploaded by Anonymous SBT3XU6I
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June 17, 2015
PEOPLE OF THE PHILIPPINES, Petitioner, VICTORIA R. ARAMBULO and MIGUELARAMBULO, JR., Respondents.
DECISION PEREZ, J.:
This Petition for Review on Certiorari seeks to annul the Decision Decisio n 1 and Resolution2 dated 5 February 2008 and 27 February 2009, respectively of the Court of Appeals, Seventeenth Division in CA-G.R. SP No. 86353 which effectively suspended the criminal proceedings in Criminal Case No. C-62784, an estafa case against respondents before the Regional Trial Court (RTC), Branch 121, Caloocan City. Records show that respondent Victoria R. Arambulo (Victoria), Emerenciana R. Gungab, Reynaldo Reyes (Reynaldo), Domingo Reyes (Domingo), Rodrigo Reyes and
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did then and there willfully, unlawfully and feloniously misapp and convert the said amount to their own personal use and be and prejudice of ANAPED ESTATE, INC., in the sum above-afore
On 14 April 2003, respondents filed a Motion to Suspend Proc ground of a prejudicial question in view of the pendency of tw cases pending before the RTC of Quezon City and Makati City. 5659 is a petition filed by Victoria’s brother Osc ar for accounti funds and assets of Anaped, annulment of sale, injunction, rec damages. damages.4 SEC Case No. 03-99-6259 is a petition filed by Victo Reynaldo and Domingo questioning the authority of their elder Reyes and Emerenciana R. Gungab, as well as the Anaped Boa officers, including private complainant Buban to act for and in corporation. corporation.5
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In their motion to suspend proceedings, respondents asserted Not useful the SEC casesUseful in their favor particularly the issues of whether o Rodrigo and Buban are the lawful representatives of the corpo they are duly authorized to make a demand for remittance wo in their acquittal in the criminal case.
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On 23 June 2004, the trial court denied respondents’ Omnibus Motion. The trial court stressed that even if the order was served upon respondents and not upon their counsel, records show that a copy of the motion for reconsideration was served by registered mail upon counsel. Thus, the trial court stated that respondents’ counsel was well aware of the existence of the motion fo r reconsideration, thus he could have taken the initiative to file his comment thereto without waiting for any directive from the court.
Aggrieved, respondents filed a petition for certiorari before the Court of Appeals asserting that the trial court committed grave abuse of discretion when it denied them the opportunity to file their comment; when it ruled that respondents’ counsel should have filed the comment as he was furnished a copy of the motion for reconsideration; and when it granted petitioner’s m otion for reconsideration. On 5 February 2008, the Court of Appeals granted the petition. The dispositive portion reads: WHEREFORE, the assailed Orders of the respondent Judge dated February 19, 2004 and July 23, 2004 are REVERSED and SET ASIDE and she is hereby enjoined from hearing the Criminal Case No. C-62784 until the termination of the SEC Case No. 03-99-6259. The August 28, 2003 Order of the respondent Judge i sReading You're hereby REINSTATED 7
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is found to be defective, it is as if no demand was ever made, h for estafa cannot prosper.
Petitioner filed a motion for reconsideration but it was denied 27 February 2009.
In this petition for review on certiorari, petitioner raises the lo the Court of Appeals erred in declaring that there exists a prej calls for the suspension of the criminal proceedings before the
Petitioner argues that any decision of the trial court in the SEC the question of who are the lawful officers or directors of Anap determinative of the liability of respondents to remit the renta of Anaped. Petitioner proffers that a corporation has a person upindividual to votestockholders. on this title separate Sign from its Petitioner emphasize demand for remittance of the rental collections was made aga Useful Not useful Buban was an officer of Anaped and until such time that his au revoked, all his previous acts are valid and binding. Moreover, the duty of respondents to remit the collection still subsists ev a Preview pendency of the SEC cases as the money remitted goes directl
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Aptly put, the following requisites must be present for a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civil case: (1) the civil case involves facts intimately related to those upon which the criminal prosecution would be based; (2) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and (3) jurisdiction to try said question must be lodged in another tribunal. 10 As correctly stated by the Court of Appeals, SEC Case No. 05-97-5659 does not present a prejudicial question to the criminal case for estafa. It is an action for accounting of all corporate funds and assets of Anaped, annulment of sale, injunction, receivership and damages. Even if said case will be decided against respondents, they will not be adjudged free from criminal liability. It also does not automatically follow that an accounting of corporate funds and properties and annulment of fictitious sale of corporate assets would result in the conviction of respondents in the estafa case.
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owner could only give rise to a civil action and does not consti estafa.13
It is true that the accused may be convicted of the felony unde paragraph 1(b) of the Revised Penal Code if the prosecution pr misappropriation or conversion by the accused of the money o the Information. In a prosecution for estafa, demand is not ne is evidence of misappropriation or conversion. 14 The phrase, " one’s own use" has been said to include "not only conversion t advantage, but also every attempt to dispose of the property o right."15 In this case, the resolution of the issue of misappropri depends upon the result of SEC Case No. 03-99-6259. If it is ru that the present Anaped directors and officers were not validly respondent Victoria may have every right to refuse remittance Hence, the essential of misappropriation in estafa ma Sign up toelement vote on this title case.
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With respect to SEC Case No. 03-99-6259, however, we affirm the Court of Appeals’ In this connection, we find important the fact, noted by the CA finding that a prejudicial question exists. 1âwphi1 The Complaint in SEC Case No. 03You're Reading a Preview 99-6259 prays for the nullification of the election of Anaped directors and officers, It appears from the record of the case that Victoria Arambulo
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for election, and who have actually been elected by the stockholders, on an annual basis. Only in that way can the directors’ continued accountability to shareholders, and the legitimacy of their decisions that bind the corporation’s stockholders, be assured. The shareholder vote is critical to the theory that legitimizes the exercise of power by the directors or officers over properties that they do not own.
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MARIA LOURDES P.A. SERENO
Chief Justice
From the foregoing, it is clear that, should respondents herein prevail in SEC Case No. 03-99-6259, then Buban, who does not own either by himself or in behalf of Anaped which is the owner, the property heretofore managed by Victoria, cannot demand remittance of the rentals on the property and Victoria does not have the obligation to turn over the rentals to Buban. Verily, the result of SEC Case No. 03-99-6259 will determine the innocence or guilt of respondents in the criminal case for estafa. WHEREFORE, the petition is DENIED. The Decision and Resolution of the Court of Appeals dated 5 February 2008 and 27 February 2009 enjoining the Regional Trial Court of Caloocan City, Branch 121 from hearing Criminal Case No. C-62784 until the termination of SEC Case No. 03-99-6259, are AFFIRMED. You're Reading
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Additional member per Raffle dated 20 April 2015.
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16
Rollo, p. 42.
17
614 Phil. 390, 400 (2009).
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Rollo, pp. 33-45; Penned by Associate Justice Regalado E. Maambong with Associate Justices Celia C. Librea-Leagogo and Sixto C. Marella, Jr. concurring. 2
Id. at 47-48.
3
Id. at 49.
4
CA rollo, pp. 49-56.
5
Rollo, p. 36.
6
Id. at 51.
7
Id. at 44.
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